계약해제 합의서 취소 청구 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 29, 2014, the Plaintiff purchased 1,020,000,000 won for land portion of KRW 250,000,000 (land portion of KRW 250,000,000,770,000 for building portion of KRW 770,000) from the Defendant on the date of the contract and paid 50,000,000 for the remainder of KRW 970,00 for an intermediate payment without intermediate payment.
The Plaintiff agreed to receive the instant housing on the date of the remainder payment as stated in the subsection.
(hereinafter referred to as the “instant sales contract”). The main contents of the instant sales contract are as stated in the attached terms and conditions of the contract.
B. Upon entering into the instant sales contract with the Plaintiff, the Defendant shall pay the payment of KRW 320,00,000,000 in installments from March 3, 2015 to June 30, 2017, by means of the payment of KRW 10,000,000 as at the end of each month, among the remainder of KRW 970,00,000,000.
(2) With respect to KRW 320,000,000 unpaid on the remainder date, the right to collateral security shall be established over the instant house with the maximum debt amount of KRW 416,000,000.
(3) An agreement was made to pay the remaining amount by applying the statutory interest rate (20%) to the remaining amount if the payment is not made upon expiration of the agreed period (No. 1-2).
C. On February 24, 2015, when the Plaintiff and the Defendant rescinded the instant sales contract on the grounds of the Plaintiff’s personal agreement, (1) KRW 50,000,000 of the down payment of the instant sales contract ought to be reverted to the Defendant pursuant to Article 7(1) of the instant sales contract, but among them, KRW 20,000,000 shall be returned to the Plaintiff and transferred to the Plaintiff’s account in the name of
(2) After the transfer to the Plaintiff’s designated account was completed, the Plaintiff agreed to the effect that any right to the instant housing cannot be asserted (hereinafter “instant rescission agreement”).
On February 24, 2015, the Defendant remitted KRW 20,000,00 to the Plaintiff’s wife name account.
Grounds for Recognition: Facts without dispute, Gap evidence 4, Eul evidence 1-1, 2, 3, Eul evidence 2, and Eul evidence 3-1.